TIMES UNION STAFF Photo by Skip Dickstein - Christopher Porco leaves the offices of defense lawyer Terry Kindlon for a 3PM court appearance at the Albany County Courthouse in Albany, New York November 4, 2005

TIMES UNION STAFF Photo by Skip Dickstein - Christopher Porco leaves the offices of defense lawyer Terry Kindlon for a 3PM court appearance at the Albany County Courthouse in Albany, New York November 4, 2005

Times Union Staff Photo--Michael P. Farrell--Christopher Porco (center) flanked by Elaine Laforte (left) and defense attorney Terry Kindlon is led into Albany County Court following a Grand Jury hearing on the murder of his father, Peter Porco, in Albany, New York Friday November 4, 2005. (LYONS STORY)

Times Union Staff Photo--Michael P. Farrell--Christopher Porco (center) flanked by Elaine Laforte (left) and defense attorney Terry Kindlon is led into Albany County Court following a Grand Jury hearing on the

Christopher Porco stands with his attorney, Terrence Kindlon, at his sentencing Tuesday, Dec. 12, 2006, in the Albany County Courthouse. (Philip Kamrass / Times Union)

Christopher Porco stands with his attorney, Terrence Kindlon, at his sentencing Tuesday, Dec. 12, 2006, in the Albany County Courthouse. (Philip Kamrass / Times Union)

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Times Union staff photo by Paul Buckowski --- Joan Porco, left, and her son, Christopher Porco, right, make their way to the Albany County Court House in Albany, N.Y., for the continuation of Christopher's pretrial hearing on Tuesday, May 16, 2006. Christopher is charged in the death of his father, Peter Porco and the attack of his mother back November of 2004.

Times Union staff photo by Paul Buckowski --- Joan Porco, left, and her son, Christopher Porco, right, make their way to the Albany County Court House in Albany, N.Y., for the continuation of Christopher's

Defense attorney Terence L. Kindlon makes his case to the justices of the New York State Court of Appeals during the appeal of Christopher Porco's murder and attempted murder conviction, on Tuesday Sept. 13, 2011 in Albany, NY. Christopher Horn, second from left, is an attorney who handles appeals for the Albany County District Attorney's office, presented the oral argument on behalf of prosecutors seeking to sustain Porco's conviction. Defense attorney Laurie Shanks is at far right. ( Philip Kamrass / Times Union)

Defense attorney Terence L. Kindlon makes his case to the justices of the New York State Court of Appeals during the appeal of Christopher Porco's murder and attempted murder conviction, on Tuesday Sept. 13,

Christopher Porco, center, stands next to his attorneys, Laurie Shanks and Terence L. Kindlon, as he is sentenced in December 2006 to 46 years to life in prison for the murder of his father and the attempted murder of his mother. (Times Union/Philip Kamrass)

Christopher Porco, center, stands next to his attorneys, Laurie Shanks and Terence L. Kindlon, as he is sentenced in December 2006 to 46 years to life in prison for the murder of his father and the attempted

Christopher Porco's distinctive yellow Jeep was a crucial part of the prosecution's case. Surveillance cameras captured the Jeep leaving a Rochester college the night of his father's murder. Two toll collectors also recalled seeing a similar Jeep around the time prosecutors said Porco drove home on the NYS Thruway with a plan to kill his parents. The Jeep is pictured here outside an Orange County courthouse a couple hours after Porco was convicted. (Michael P. Farrell/Times Union)

Christopher Porco's distinctive yellow Jeep was a crucial part of the prosecution's case. Surveillance cameras captured the Jeep leaving a Rochester college the night of his father's murder. Two toll collectors

Joan Porco, right, waits to enter the State Court of Appeals chamber before the appeal on her son Christopher's murder and attempted murder conviction, on Tuesday Sept. 13, 2011 in Albany, NY.( Philip Kamrass / Times Union)

Joan Porco, right, waits to enter the State Court of Appeals chamber before the appeal on her son Christopher's murder and attempted murder conviction, on Tuesday Sept. 13, 2011 in Albany, NY.( Philip Kamrass

Times Union staff photo by Paul Buckowski --- Christopher Porco, left, and his mother, Joan Porco, right, leave Albany County court in Albany, N.Y. on Tuesday, May 16, 2006 during a break in pretrial hearings. Christopher is charged in the death of his father, Peter Porco and the attack of his mother back November of 2004.

Joan Porco, left, leaves the New York State Court of Appeals chamber after the appeal of her son Christopher Porco's murder and attempted murder conviction, on Tuesday Sept. 13, 2011 in Albany, NY. Attorney Laurie Shanks is at right. ( Philip Kamrass / Times Union)

Joan Porco, left, leaves the New York State Court of Appeals chamber after the appeal of her son Christopher Porco's murder and attempted murder conviction, on Tuesday Sept. 13, 2011 in Albany, NY. Attorney

Defense attorney Terence L. Kindlon makes his case to the justices of the New York State Court of Appeals during the appeal of Christopher Porco's murder and attempted murder conviction, on Tuesday Sept. 13, 2011 in Albany, NY. Christopher Horn, lower left, is an attorney who handles appeals for the Albany County District Attorney's office, presented the oral argument on behalf of prosecutors seeking to sustain Porco's conviction( Philip Kamrass / Times Union)

Defense attorney Terence L. Kindlon makes his case to the justices of the New York State Court of Appeals during the appeal of Christopher Porco's murder and attempted murder conviction, on Tuesday Sept. 13,

Christopher Porco, lower left, with glasses, avoids looking on as New York State Police Investigator Drew McDonald describes the scene of the master bedroom of the Porco home in Delmar, N.Y., from the witness stand in the Orange County Courthouse in Goshen, N.Y., during Porco's trial Wednesday, July 5, 2006. The murder weapon, an ax, can be seen on the bed. (AP Photo/Philip Kamrass)

Christopher Porco, lower left, with glasses, avoids looking on as New York State Police Investigator Drew McDonald describes the scene of the master bedroom of the Porco home in Delmar, N.Y., from the witness

Joan Porco, right, comforts her son, Christopher Porco, near the end of his murder trial in the Orange County Courthouse in Goshen, N.Y., Thursday, Aug. 3, 2006. Joan Porco attended the trial daily in support of her son. (Times Union/Michael P. Farrell, Pool)

Joan Porco, right, comforts her son, Christopher Porco, near the end of his murder trial in the Orange County Courthouse in Goshen, N.Y., Thursday, Aug. 3, 2006. Joan Porco attended the trial daily in support

An evidence photograph of the bloodied axe from the Porco home, is displayed in the Orange County Courthouse in Goshen, N.Y., Thursday July 6, 2006. The axe was left on the bed where Peter and Joan Porco were bludgeoned. No evidence linking the killer to the attack was found on the axe, which belonged to Peter Porco. (Times Union/Philip Kamrass, POOL)

An evidence photograph of the bloodied axe from the Porco home, is displayed in the Orange County Courthouse in Goshen, N.Y., Thursday July 6, 2006. The axe was left on the bed where Peter and Joan Porco were

Christopher Porco and his attorney, Laurie Shanks, look on as prosecutors display a surveillance photograph showing his Jeep leaving a Rochester college campus on the night Porco's father was murdered. (Times Union/Philip Kamrass, Pool)

Christopher Porco and his attorney, Laurie Shanks, look on as prosecutors display a surveillance photograph showing his Jeep leaving a Rochester college campus on the night Porco's father was murdered. (Times

Christopher Porco, 27, is appealing his conviction for murdering his father and attempting to murder his mother. He is serving 46 years to life in state prison. (PHILIP KAMRASS/Times Union Archive)

Christopher Porco, 27, is appealing his conviction for murdering his father and attempting to murder his mother. He is serving 46 years to life in state prison. (PHILIP KAMRASS/Times Union Archive)

Photo: PHILIP KAMRASS

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The Delmar house where Peter Porco was found dead and Joan Porco severely injured in November 2004. ( Times Union archive )

The Delmar house where Peter Porco was found dead and Joan Porco severely injured in November 2004. ( Times Union archive )

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Christopher Porco is led out of the Orange County Courthouse in Goshen after being found guilty of second-degree murder and assault Thursday. (Michael P. Farrell / Times Union)

Christopher Porco is led out of the Orange County Courthouse in Goshen after being found guilty of second-degree murder and assault Thursday. (Michael P. Farrell / Times Union)

Photo: Michael P. Farrell

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Christopher Porco is taken into custody, Thursday August 10, 2006.

Christopher Porco is taken into custody, Thursday August 10, 2006.

Photo: Michael P. Farrell

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Christopher Porco is taken into custody after being found guilty on Thursday August 10, 2006.

Christopher Porco is taken into custody after being found guilty on Thursday August 10, 2006.

Photo: Michael P. Farrell

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Christopher Porco talks with attorney Laurie Shanks before being taken into custody and after being found guilty on Thursday August 10, 2006. After the verdict was announced, Porco leaned over to her and told her ``Thank you for everything.''

Christopher Porco talks with attorney Laurie Shanks before being taken into custody and after being found guilty on Thursday August 10, 2006. After the verdict was announced, Porco leaned over to her and told

Christopher Porco avoids looking on as New York State Police Investigator Drew McDonald, not seen, describes the scene of the master bedroom of the Porco home in Delmar, from the witness stand in the Orange County Courthouse in Goshen, during Porco's trial Wednesday July 5. Porco, of Albany, is accused of killing his father with an ax and injuring his mother in 2004.

Christopher Porco avoids looking on as New York State Police Investigator Drew McDonald, not seen, describes the scene of the master bedroom of the Porco home in Delmar, from the witness stand in the Orange

Christopher Porco, sits with his attorney Terence Kindlon in the Albany County Judicial Center in Albany, NY Tuesday December 12, 2006 during Christopher's sentencing. He was sentenced by Orange County Judge Jeffrey G. Berry to 50 years to life for the axe murder of his father Peter, and the attack on his mother Joan in November 2004 at their Delmar, NY home. Peter Porco was a respected law clerk in Albany County. (Philip Kamrass/Times Union) less

Christopher Porco, sits with his attorney Terence Kindlon in the Albany County Judicial Center in Albany, NY Tuesday December 12, 2006 during Christopher's sentencing. He was sentenced by Orange County Judge ... more

Photo: PHILIP KAMRASS

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Times Union Staff photograph by Philip Kamrass -- Christopher Porco listens as Orange County Judge Jeffrey G. Berry sentences him to two consecutive sentences of 25 years to life in the Albany County Judicial Center in Albany, NY Tuesday December 12, 2006, for the axe murder of his father Peter, and the attack on his mother Joan in November 2004 at their Delmar, NY home. Peter Porco was a respected law clerk in Albany County. FOR BRENDAN LYONS AND CAROLE DEMARE STORY.

Times Union Staff photograph by Philip Kamrass -- Christopher Porco listens as Orange County Judge Jeffrey G. Berry sentences him to two consecutive sentences of 25 years to life in the Albany County Judicial

Christopher Porco, who is serving 46 years to life for the murder of his father and attempted murder of his mother, was granted an emergency court order this week that may prevent the Lifetime Network from airing an upcoming movie about his case.

The movie — "Romeo Killer: The Chris Porco Story" — is scheduled to air Saturday night on Lifetime Network.

State Supreme Court Justice Robert J. Muller, who is based in Warren County, issued an order Tuesday granting Porco's jailhouse motion, which claims the movie is an unauthorized and fictional account of his story that was created for commercial gain.

Porco's complaint is dated Jan. 29, but Muller waited until this week to issue a temporary restraining order in Clinton County, where Porco is incarcerated at a state prison in Dannemora. Muller, who hears cases in Clinton and Essex counties, set a hearing date of April 26.

Attorneys for Lifetime Entertainment Services Inc. responded Wednesday by filing an emergency motion with the state Appellate Division's 3rd Department in Albany that seeks to vacate Muller's order. They argue Porco's legal argument is flawed, the judge's decision is unconstitutional and that the restraining order should not have been issued because it's based "solely on Porco's unsubstantiated allegation that the movie was fictionalized."

"In fact, the essential elements of the movie are true and accurate, and based on court and police records, interviews with persons involved, and historical and other documents," states the motion filed by Lifetime's attorneys, Michael J. Grygiel of Albany and David A. Schulz of Manhattan. "Indeed, more than two hundred years of unbroken precedent establish a 'virtually insurmountable barrier' against the issuance of just the sort of prior restraint on a media outlet granted by the Supreme Court here."

Porco filed his motion without an attorney.

Grygiel said Muller's ruling "constitutes a prior restraint that is presumptively invalid under the First Amendment."

In court papers, Porco claims the movie, which is "based on a true story," is an unauthorized use of his name and likeness for commercial purposes.

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"The use by defendant of plaintiffs name, likeness, and personality for purposes of trade, advertising and commercial benefit, was without the consent, written or oral, of plaintiff or anyone authorized to give such consent, was entirely unauthorized, and constitutes a violation of ... the civil rights law of the state of New York," Porco wrote.

Porco's complaint states he "absolutely maintains his innocence, and is currently appealing his conviction." However, Porco's appeals had been exhausted when the U.S. Supreme Court declined to hear his case after New York's Court of Appeals affirmed his conviction.

The emergency motion filed by Lifetime's attorneys indicates Muller granted the injunction "upon Porco's unvarnished allegation that Lifetime's movie about his trial — which he has never seen — provides a 'fictionalized' account, and therefore uses his name for 'purposes of trade' in violation of N.Y. Civil Rights Law." The network's motion indicates Muller issued the order by relying on a 52-year-old New York County case in which constitutional free speech and First Amendment arguments were not even raised.

"This is not a case where national security concerns are in jeopardy," states the motion filed by Grygiel and Schulz. "It is not even a case involving potential irreparable injury from the disclosure of trade secrets or other confidential information — it involves a movie based on the public facts of a murder prosecution. While plaintiff may not want the story of his crime repeated in a television movie, the constitutional protection of speech and press on matters of public concern flatly prevent the issuance of an order enjoining the broadcast of the movie."

It's unclear when the 3rd Department will rule on the emergency motion.

Porco, a former college student from Bethlehem, was convicted in 2006 of using an ax to kill his father, Peter, and attempting to murder his mother, Joan, who was severely disfigured in the attack. The couple were attacked in their Bethlehem home on Nov. 15, 2004.

Porco, now 29, was convicted in a 2006 trial that was moved from Albany to Orange County because of pretrial publicity.